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14 Apr 2021, 3:35 pm
  She might perhaps be right as a doctrinal matter. [read post]
13 Jun 2019, 11:32 am by Rebecca Tushnet
”  Still, there was evidence that beveling wasn’t the only way to fulfill the function, which matters because design patent functionality is ridiculously restricted (though why it matters if there wasn’t conscious ornamental design seems like a question worth asking). [read post]
29 Apr 2010, 2:02 pm by Tom Smith
[they probably didn't] Originalism in the courts is certainly a matter for debate. [read post]
10 Sep 2012, 1:37 pm by Jack Goldsmith
  Accordingly, it is difficult to understand how the matter that is the subject of Mr. [read post]
31 Mar 2007, 5:34 am
Clearly Corker’s planet sized brain can’t be bothered with anything as mundane as proof reading…” Story And finally…. [read post]
20 Mar 2007, 6:35 pm
But if you insist on a little more law on the matter, I have some on the flip. [read post]
12 Apr 2017, 3:38 am
Klickitat Valley Chianina, LLC, Serial No. 76715490 (March 16, 2017) [not precedential] (opinion by Judge Shaw).The Board observed that "more evidence is required where a mark is so highly descriptive that purchasers seeing the matter in relation to the named good would be less likely to believe that it indicates source in any one party. [read post]
18 Jul 2019, 9:01 pm by Jareb Gleckel and Sherry F. Colb
When Trump was a candidate in 2015, his personal physician wrote that, “[i]f elected, Mr. [read post]
14 Jul 2008, 9:17 am
The impact on patentability of an award was negated:Thus, the 1999 award lacks the required nexus with the scope of the claims.Also, obvious matter infects non-obvious matter:We further note that our conclusion as to the nexus between this award and the claims is consistent with the long-established rule that "[c]laims which are broad enough to read on obvious subject matter are unpatentable even though they also read on nonobvious subject matter. [read post]
7 Oct 2021, 4:20 am by Annsley Merelle Ward
” Echoing Nokia, Ericsson also contended that “[i]t would be unfair to force T-Mobile to litigate the issues that Ericsson best understands. [read post]
17 Mar 2017, 10:12 am by Jordan Brunner
The judge makes clear that he is going to take the defense team at its word that they haven’t had access and is not going to Mirandize them: “[I]f there’s no evidence of misconduct, there’s nothing this commission can do. [read post]
24 Jun 2017, 12:14 pm by Josh Blackman
By waiting until Monday (or later) to even address the matter, a majority of the Court has signaled this case isn’t that urgent. [read post]
16 Aug 2020, 12:49 pm by Russell Knight
When it comes to discovery, if you don’t ask…you don’t get. [read post]
4 Mar 2022, 3:56 am by SHG
See Cleveland-Perdue, 881 F.2d at 431. [read post]